Are statements made during the All Dogs Unleashed mediation admissible in subsequent legal proceedings?
All_Dogs_Unleashed Franchise · 2025 FDDAnswer from 2025 FDD Document
The mediation procedure is a compromise negotiation or settlement discussion for purposes of federal and state rules of evidence. The parties agree that no stenographic, visual or audio record of the proceedings may be made. Any conduct, statement, promise, offer, view or opinion, whether oral or written, made in the course of the mediation by the parties, their agents or employees, or the mediator is confidential and is treated as privileged. No conduct, statement, promise, offer, view or opinion made in the mediation procedure is discoverable or admissible in evidence for any purpose, not even impeachment, in any proceeding involving either of the parties. However, evidence that would otherwise be discoverable or admissible must not be excluded from discovery or made inadmissible simply because of its use in the mediation.
Source: Item 23 — RECEIPTS (FDD pages 49–158)
What This Means (2025 FDD)
According to the 2025 All Dogs Unleashed Franchise Disclosure Document, statements made during mediation are generally not admissible in subsequent legal proceedings. The FDD outlines that the mediation procedure is considered a compromise negotiation or settlement discussion for the purposes of federal and state rules of evidence. Therefore, any conduct, statement, promise, offer, view, or opinion, whether oral or written, made during the mediation by the parties, their agents, employees, or the mediator is confidential and privileged.
Specifically, the agreement states that no conduct, statement, promise, offer, view, or opinion made in the mediation procedure is discoverable or admissible as evidence for any purpose, including impeachment, in any proceeding involving either party. This provision aims to encourage open and honest communication during mediation without fear that such statements will be used against a party in later legal actions. However, the FDD also clarifies that evidence that would otherwise be discoverable or admissible does not become excluded simply because it was used during the mediation.
This clause is fairly standard in franchise agreements, as it promotes a candid environment during mediation. Prospective All Dogs Unleashed franchisees should understand that while mediation is intended to be a confidential process, it does not protect pre-existing evidence from being used in other legal contexts. Franchisees should consult with legal counsel to fully understand the implications of this clause and how it may affect their rights and obligations.